Return-Path: <sentto-279987-3758-1004933924-fc=all.net@returns.groups.yahoo.com> Delivered-To: fc@all.net Received: from 204.181.12.215 [204.181.12.215] by localhost with POP3 (fetchmail-5.7.4) for fc@localhost (single-drop); Sun, 04 Nov 2001 20:20:08 -0800 (PST) Received: (qmail 1815 invoked by uid 510); 5 Nov 2001 04:17:50 -0000 Received: from n2.groups.yahoo.com (216.115.96.52) by 204.181.12.215 with SMTP; 5 Nov 2001 04:17:50 -0000 X-eGroups-Return: sentto-279987-3758-1004933924-fc=all.net@returns.groups.yahoo.com Received: from [10.1.1.222] by n2.groups.yahoo.com with NNFMP; 05 Nov 2001 04:18:44 -0000 X-Sender: fc@red.all.net X-Apparently-To: iwar@onelist.com Received: (EGP: mail-8_0_0_1); 5 Nov 2001 04:18:43 -0000 Received: (qmail 48895 invoked from network); 5 Nov 2001 04:18:42 -0000 Received: from unknown (216.115.97.167) by m4.grp.snv.yahoo.com with QMQP; 5 Nov 2001 04:18:42 -0000 Received: from unknown (HELO red.all.net) (65.0.156.78) by mta1.grp.snv.yahoo.com with SMTP; 5 Nov 2001 04:18:42 -0000 Received: (from fc@localhost) by red.all.net (8.11.2/8.11.2) id fA54JE501952 for iwar@onelist.com; Sun, 4 Nov 2001 20:19:14 -0800 Message-Id: <200111050419.fA54JE501952@red.all.net> To: iwar@onelist.com (Information Warfare Mailing List) Organization: I'm not allowed to say X-Mailer: don't even ask X-Mailer: ELM [version 2.5 PL3] From: Fred Cohen <fc@all.net> X-Yahoo-Profile: fcallnet Mailing-List: list iwar@yahoogroups.com; contact iwar-owner@yahoogroups.com Delivered-To: mailing list iwar@yahoogroups.com Precedence: bulk List-Unsubscribe: <mailto:iwar-unsubscribe@yahoogroups.com> Date: Sun, 4 Nov 2001 20:19:14 -0800 (PST) Reply-To: iwar@yahoogroups.com Subject: [iwar] [fc:Free.Speech.in.Cyberspace.Victory.(DeCSS.Injunction.Overturned.in.CA)] Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit Free Speech in Cyberspace Victory (DeCSS Injunction Overturned in CA) The California appeals court has reversed the trade secret injunction against publication of DeCSS, concluding that DeCSS is "pure speech" that must not be subjected to the prior restraint of injunction before trial. Without any mention of Kaplan's decision, the court rejected DVDCCA's characterization of DeCSS as purely "functional." Good work, defense team! PDF Opinion: <a href="http://www.courtinfo.ca.gov/opinions/documents/H021153.PDF">http://www.courtinfo.ca.gov/opinions/documents/H021153.PDF> Like the CSS decryption software, DeCSS is a writing composed of computer source code which describes an alternative method of decrypting CSS-encrypted DVDs. Regardless of who authored the program, DeCSS is a written expression of the author's ideas and information about decryption of DVDs without CSS. If the source code were "compiled" to create object code, we would agree that the resulting composition of zeroes and ones would not convey ideas. (See generally Junger v. Daley, supra, 209 F.3d at pp. 482-483.) That the source code is capable of such compilation, however, does not destroy the expressive nature of the source code itself. Thus, we conclude that the trial court's preliminary injunction barring Bunner from disclosing DeCSS can fairly be characterized as a prohibition of "pure" speech. and DVDCCA's statutory right to protect its economically valuable trade secret is not an interest that is "more fundamental" than the First Amendment right to freedom of speech or even on equal footing with the national security interests and other vital governmental interests that have previously been found insufficient to justify a prior restraint. Our respect for the Legislature and its enactment of the UTSA cannot displace our duty to safeguard the rights guaranteed by the First Amendment. Accordingly, we are compelled to reverse the preliminary injunction. ------------------------ Yahoo! Groups Sponsor ---------------------~--> FREE COLLEGE MONEY CLICK HERE to search 600,000 scholarships! http://us.click.yahoo.com/Pv4pGD/4m7CAA/ySSFAA/kgFolB/TM ---------------------------------------------------------------------~-> ------------------ http://all.net/ Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
This archive was generated by hypermail 2.1.2 : 2001-12-31 20:59:58 PST